University of Edinburgh
Regulations for the Conduct of the Rector Election to be held on 23 to 26 February 2021, governed by Ordinance of the University Court No. 197 (Rectorial Election)
1 The Rector Election shall be held from 9.00 am on Tuesday, 23 February 2021 until 1.00 pm on Friday, 26 February 2021.
Role of the Returning and Deputy Returning Officers
2 The Chancellor’s Assessor shall be the Returning Officer. The Deputy Returning Officer shall be a member of staff nominated by the University Secretary and shall be responsible for the management of the election and the declaration of the result of the election.
3 The Deputy Returning Officer shall publicise the election and voting procedure to students and staff and make arrangements as appropriate to secure the good conduct of the election.
4 The Deputy Returning Officer shall provide nomination forms and packs, the call for nominations and draw attention to the correct form of procedure for making nominations. The call for nominations shall be published by the Deputy Returning Officer via staff and student email, on the University website and the University’s social networking sites not less than fifty days before the date of the election.
5 The Deputy Returning Officer shall also provide information and alert staff through various appropriate means on how to request a postal vote.
Electoral Roll
6 The compilation of the electoral roll for the Rector Election shall be 5.00 pm on 31 January 2021.
7 For staff holding contracts of employment issued by the University’s Human Resources Department, the electoral roll shall be the University’s payroll as at 31 January 2021, individual extracts from which shall be available for inspection upon request. Any person whose name does not appear on the roll but who holds a contract of employment confirming commencement of employment with the University before or at 31 January 2021 may apply to be included in the electoral roll on production of the contract of employment.
8 In the case of students, the electoral roll shall consist of all those students who are fully matriculated as at 31 January 2021.
9 Students registered for the purpose of examination or graduation only, and postgraduate students who have completed their prescribed period of study, are not fully matriculated students and are not entitled to nominate candidates or to vote.
10 Individuals who hold contracts of employment with the University’s Human Resources Department and are also fully matriculated students shall have only one vote and shall be deemed to be students for the purposes of the on-line and postal voting processes unless the Deputy Returning Officer has otherwise determined.
Nominations and Validation of Candidates
11 The call for nominations shall commence at 9.00 am on Monday 9 November 2021. No nominations shall be accepted before this date and time.
12 All nominations must be submitted on the approved form and lodged with the Deputy Returning Officer by 12 noon on Monday 1 February 2021.
13 Nominations may be made only by members of the electorate, as defined in paragraphs 7, 8 and 9 above.
14 Members of the electorate, as defined in paragraphs 7, 8 and 9 above and individuals matriculated for examination or graduation purposes only are not eligible to be nominated for election as Rector.
15 Each nomination must be subscribed by no fewer than 40 members of the electorate.
16 Nominations must be accompanied by a written acceptance of nomination from the nominee. Nominations may be received by electronic means.
17 The duties of Rector include being a member of the University Court. Members of the Court are “Charity Trustees” under the Charities and Trustee Investment (Scotland) Act 2005. Candidates must not be disqualified from being Charity Trustees and nominees must confirm in writing that they are not so disqualified. Nominees must also confirm in writing that there is no impediment to them being able to preside in person at University Court meetings, which will normally be held in Edinburgh, Scotland. Nominees are ineligible if they have been excluded or dismissed by the University while a student or member of staff at the University.
18 If the Deputy Returning Officer believes there is any cause for concern regarding the validity of a nomination, this matter shall be drawn to the attention of the nominee/candidate, who shall be given the opportunity to address the cause for concern.
19 A contact person, resident in the City of Edinburgh, must be identified for each nominee with whom the Deputy Returning Officer may communicate on any matter in respect of the election. A nominee resident in the City of Edinburgh may act as his or her own contact person. The name, address, telephone/mobile number (if available) and email address (if available) of the contact person, shall be lodged with the Deputy Returning Officer at the same time as the nomination is submitted.
2
20 The Deputy Returning Officer shall acknowledge receipt of the nomination to the identified contact person for each nominee indicating the date and time the nomination for which they are responsible was received.
21 Nomination forms must contain no reference to any matter other than the Rector Election and, in particular, no reference should be made to any mode of selection of the nominee, whether by so called primary elections or otherwise.
22 The following Committee, to be known as the Scrutinising Committee, shall be appointed by the University Court on the recommendation of the Nominations Committee to hear any appeal against disqualification by the Returning Officer:
A representative of the University Court A representative of the Trade Unions The President of the Students’ Association
The decision of the Scrutinising Committee is final.
23 As soon as practicable, each nominee and their identified contact shall be notified of the outcome, subject always to the terms of Regulations 24 to 25 and the list of candidates for the election shall then be confirmed and published.
24 If at the close of nominations for an election, 2 or more candidates are confirmed as validly nominated, an election will be held as specified in sections 26 – 47 of these Regulations.
25 If at the close of nominations for an election only one candidate is confirmed as validly nominated, the Deputy Returning Officer will as soon as practicable and no later than 48 hours after the meeting of the committee through a public notice: • declare that the election is uncontested; • declare the candidate elected.
Conduct of election process
26 The contact person for each candidate shall receive from the Deputy Returning Officer a copy of these Regulations. In order to assist in the interpretation of these Regulations a meeting with candidates and/or their identified contact persons shall be held. This may be held by telephone or electronic means.
27 Candidates together with their supporters shall be limited to spending £450 in total, in connection with either promoting their own campaign to be elected Rector or opposing the election of another candidate. This includes expenditure on items such as posters, leaflets, advertisements, web sites and any other electronic means of communication including social networking sites. This also includes payment for use of facilities within or outwith the University and the cost of hospitality offered at events. Candidates are required by 5.00 pm on Friday 13 March 2021 to present an account of expenditure, with receipts, to the Deputy Returning Officer. The University shall not refund any expenses
3
incurred by a candidate or their supporters in connection with the Rector Election.
28 The services provided by an individual in their own time do not require to be included in the information lodged with the Deputy Returning Officer in respect of paragraph 27 above. However, sponsorship and donations in any form including money, goods or services which would otherwise required to have been purchased do require to be declared and taken into account when computing the total spend permissible as set out in paragraph 27 above. If candidates or their identified contacts/supporters are in any doubt of the rules under this regulation they should seek the advice of the Deputy Returning Officer.
29 If the Deputy Returning Officer has reason to believe that a breach of these Regulations may have occurred the Deputy Returning Officer shall request a written explanation or clarification from the candidate or the identified contact person. If the Deputy Returning Officer concludes that a material breach has occurred the Deputy Returning Officer shall inform the Returning Officer. The Returning Officer has the authority to disqualify a candidate (including a candidate who has subsequently been elected to the post of Rector) subject to the right of appeal by the candidate or their contact person to the Scrutinising Committee within 48 hours of receiving written notification of the disqualification. The decision of the Scrutinising Committee shall be final.
30 The validity of the election shall not be affected in the event that a candidate is unavailable to continue for any reason prior to the results of the election being announced and where there are more than two candidates remaining the election shall proceed as planned. In the event of there being only one remaining candidate and therefore an uncontested election, the Deputy Returning Officer shall declare and publicise as soon as practicable and no later than 48 hours after confirmation of the uncontested election status the name of the valid candidate elected.
31 After the declaration of the elected candidate, arrangements to hold a new election shall be undertaken only in the event of that declared elected candidate being unable for whatever reason to continue to hold the position of Rector.
32 The University shall arrange for one ‘all staff’ and one ‘all student’ email, each with a maximum of 300 words, to be distributed on behalf of each candidate. The emails shall require to comply with the University’s computing regulations and the Deputy Returning Officer shall reserve the right to require amendments to be made to the content particularly if the text contains inappropriate comments about other candidates.
33 Candidates or their identified contact may ask for information on aspects of the University with the intention or otherwise of using this information during the campaign. Any information provided in response to such requests shall be shared with all candidates. Requests for information should be addressed to the Deputy Retuning Officer.
4
34 Candidates or their identified contact may ask the Deputy Returning Officer for assistance in visiting areas of the University. Should the Deputy Returning Officer deem it appropriate to provide such assistance then all the candidates shall be notified of the proposed visit and given the opportunity to be present or represented.
Voting arrangements
35 The election shall be conducted by means of the alternative vote.
36 Voting shall be conducted totally on-line for fully matriculated students using a secure portal.
37 Voting shall be conducted by staff on-line using a secure portal or, dependent on circumstances, by means of a postal vote. A postal vote may be granted by the Deputy Returning Officer if any of the following criteria are met: (i) no access to a device with internet access; (ii) away from Edinburgh during the period of the election and either unable to, or may have difficulty in, accessing the on-line voting system; or (iii) another valid reason. If a member of staff casts both an electronic and a postal vote only the postal vote shall be considered valid.
38 Requests for postal votes must be made on the appropriate form and require to be with the Deputy Returning Officer by 12 noon on Monday 1 February 2021. Postal ballot papers shall be issued on Tuesday 9 February 2021 to those staff granted a postal vote.
39 All those on the electoral roll for the Rector Election, except those staff who have requested and been granted a postal vote, shall be permitted access and shall be able to vote on the on-line voting system from 9.00 am on Tuesday 23 February 2021 until 1.00 pm on Friday 26 February 2021.
40 Staff granted a postal vote shall be required to send their vote to the Deputy Returning Officer to arrive no later than 12 noon on Monday 22 February 2021. It shall be for the Deputy Returning Officer to determine whether, in exceptional circumstances, any late postal vote shall be accepted but no late postal vote shall be accepted if it arrives after 1.00 pm on Friday 26 February 2021.
41 Postal votes shall be opened and verified with each candidate permitted to have a representative view the opening and the verification of postal votes.
Counting
42 All votes cast either on-line or postal shall be counted together using an electronic counting system. Postal votes shall not be opened and recorded until after the close of the on-line poll. Each candidate shall be permitted to attend or view proceedings and have a representative present.
43 Each member of the electorate shall be entitled to have only one vote included at each stage of the electronic counting process.
5
44 In the event of a draw, the successful candidate shall be determined by the toss of a coin. As the Deputy Returning Officer tosses the coin into the air the candidates or their representatives shall be invited to choose either ‘heads’ or ‘tails’, the candidate or their representative choosing the upper side when the coin lands shall be declared the winner.
Declaration
45 The Deputy Returning Officer shall ensure that a notice of the result of the election is posted on the University website and on the University’s social networking sites as soon as is practicable after the result has been declared.
46 The successful candidate shall be required to re-confirm in writing that they are not disqualified under the Charities and Trustee Investment (Scotland) Act 2005 from acting as a Trustee of a charity.
Exceptional circumstances
47 In the event of exceptional circumstances, the Returning Officer in consultation with the Deputy Returning Officer may alter the timing of the election and associated dates. Any changes must be made as far in advance as reasonably possible and be accompanied by updated communications to candidates and the electorate.
6